Supreme Court Won’t Hear Railroad Antitrust Case

Law360, New York (December 13, 2010, 6:44 PM EST) -- The U.S. Supreme Court has refused to hear a consolidated class action brought by indirect purchasers of rail freight service claiming BNSF Railway Co. and other railroads conspired to impose fuel surcharges on freight that hiked up rates in shipping contracts above competitive levels.

The high court on Monday denied the indirect purchasers’ petition for a writ of certiorari that sought to overturn an appeals court’s decision upholding the dismissal of their state law claims as preempted by federal law.

Fayus Enterprises represents itself and other...
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